General Steel Drum, LLCDownload PDFNational Labor Relations Board - Board DecisionsMay 16, 201410-CA-115129 (N.L.R.B. May. 16, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD GENERAL STEEL DRUM, LLC AND MYERS CONTAINER, LLC, JOINT EMPLOYERS and Cases 10-CA-115129 10-CA-116635 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 71 ORDER1 The petition of General Steel Drum, LLC to revoke subpoena duces tecum B- 708063 and the petition of Myers Container, LLC to revoke subpoena duces tecum B- 708064 are denied.2 The subpoenas seek information relevant to the matters under investigation and describe with sufficient particularity the evidence sought, as required by Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and Regulations. Further, the Petitioners have failed to establish any other legal basis for revoking the 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 The Region has indicated in its opposition brief that it is willing to modify the subpoenas as follows: (1) par. 3 of subpoena duces tecum B-708063, issued to General Steel Drum, LLC, is modified to request documents relating solely to General Steel Drum’s relationship with Myers Container, LLC; (2) par. 3 of subpoena duces tecum B- 708064, issued to Myers Container LLC, is modified to request documents detailing its organizational overlap with General Steel Drum, LLC; (3) par. 4 of each subpoena is modified to request only those documents not referenced in pars. 1, 2, and 3, to the extent such additional documents exist; and (4) par. 7 of subpoena duces tecum B- 708064, issued to Myers Container LLC, is modified to request only the tax filings of Myers. We find that paragraph 7 of subpoena duces tecum B-708063, issued to General Steel Drum, LLC should be modified in the same manner, to request only the tax filings of General Steel Drum. In considering the petitions to revoke, we have evaluated the subpoenas as modified in this manner. 2 subpoenas. See generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996). Dated, Washington, D.C., May 16, 2014. KENT Y. HIROZAWA, MEMBER HARRY I. JOHNSON, III, MEMBER NANCY SCHIFFER, MEMBER Copy with citationCopy as parenthetical citation